المضاربة بالمنافع و دورها في استثمار الأموال و تمويل المشاريع

Abstract EN

One of the contracts that had been common in people’s dealings in Islam is mudarabah, which is provision of money to someone who trades with it in return for a portion of its profit.

Islam approved such contract and did not forbid it, but rather established general regulations to prevent injustice, exploitation and gross uncertainty that may lead to dispute and conflict.

There are few textual provisions related to mudarabah which gives an ample room for independent reasoning and consideration concerning various mudarabah issues.

Of such issues is the issue of making mudarabah capital a benefit, rather than cash or a tangible object.

The majority of scholars were of the view that it is not permissible to make a benefit the capital for mudarabah, while some of the followers and some scholars from different Islamic school argued that this is permissible.

If ever we permit making an evaluable benefit the capital of mudarabah, we would open the door widely for investment or financing through mudarabah.

This is because a lot of companies are based on production of benefits such as communication, education and medical services, etc.

Such companies may wish to contract with someone who would market their benefits, or who would invest them and provide these services (benefits) by means of mudarabah to whomever would invest them? The researchers aimed at investing these questions using the comparative analytical method in order to obtain an appropriate thought.

At the end of the research, the researchers reached results and useful recommendations that enrich the subject.Key words: mudarabah, benefits, investment, Islamic finance